According to information from the U.S. Bureau of Labor Statistics, fatal occupational injuries are increasing in Florida. In 2015, 272 people died in work-related accidents throughout the state. The largest contributing factor or event that year was transportation incidents followed by falls, slips, and trips. During 2014, there were 228 people killed in work-related accidents and in 2013, 239 people died from work-related injuries. Transportation-related incidents and falls continue to be the leading factors in work-related deaths each year. Even though companies are encouraged to place strict safety procedures and rules in place to prevent workplace accidents, the number of people dying in work-related accidents is rising. If you have lost a loved one because of an on-the-job injury or accident, you may be entitled to receive compensation. Call our Boca Raton workers’ comp law firm at 1-800-333-3903 to schedule a free consultation with one of our attorneys.
Death Benefits in a Florida Workers’ Comp Claim
The Florida workers’ comp system is designed to provide benefits to injured workers so they can receive medical care when they are injured at work. In addition to providing medical care and other benefits to injured workers, Florida’s workers’ comp laws allow eligible survivors to file claims for benefits when their loved one dies due to a work-related illness or injury. Workers’ comp death benefits may be paid to spouses and children and in some cases other family members. Benefits that you may be entitled to receive if your loved one died within one year from the date of a work-related accident or within five years if the death is the result of a continuous disability caused by an occupational injury or illness include:
- Funeral expenses
- Weekly payments for dependents
- Education benefits for the surviving spouse
Weekly payments are paid to eligible dependents based on a specific order of preference. For example, a surviving spouse receives the first benefit. The surviving spouse can receive a payment equal to 50 percent of his or her deceased spouse’s average weekly wage prior to death if there are no children. If there is a dependent child, the spouse receives 16 2/3 percent of the average weekly wage for the child in addition to the spouse’s 50 percent payment. If the deceased employee did not have a spouse but had children, each child can receive 33.3 percent of the average weekly wage until 18 years of age or 22 years of age if the child is a full-time student. If a child is disabled and cannot earn a living, the child can receive up to $150,000 in benefits regardless of age. Parents, siblings, and grandchildren may also receive benefits if they qualify as eligible dependents. Parents may receive 25 percent of the average weekly wage while siblings and grandchildren may receive 15 percent of the average weekly wage. However, it is important to note that benefits are not paid indefinitely. There is a cap on a number of death benefits paid under Florida’s workers’ comp system. We encourage you to contact our office to discuss the potential death benefits you may be entitled to receive under Florida’s workers’ comp system and the caps on death benefits in Florida.
Call for a Free Consultation with a Boca Raton Workers’ Comp Attorney
The Broderick Law Firm, P.L. can help you obtain the Florida workers’ comp death benefits you are entitled to receive by law. Contact our office today 1-800-333-3903 to speak with an attorney. We represent individuals in West Palm Beach, Boca Raton, Fort Lauderdale & Miami, FL.